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Transfer of Business to Family Foundation Exempt from VAT

  • Transfer of business assets to a family foundation is not subject to VAT
  • Interpretation issued by the Director of the National Tax Information on April 26, 2024
  • The interpretation concerns the transfer of assets to a family foundation by a sole proprietor engaged in real estate rental and leasing
  • The transfer includes real estate ownership rights, lease agreements, management agreements, insurance contracts, utility supply contracts, and cleaning service contracts
  • The family foundation intends to continue the rental or leasing business unchanged
  • The transfer will be made as a one-time legal transaction
  • The definition of “business” is provided in the Civil Code and includes various tangible and intangible assets
  • The definition of “organized part of the enterprise” is provided in the VAT Act and refers to a financially and organizationally separate part of an existing business

Source: prawo.pl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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